Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Apr 2013
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    Glockin, Pennsylvania
    (Montgomery County)
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by Mr_Gixxer View Post
    If that is Joshua, then he already knows his stance on it. That's why I assumed it wasn't him because he would have known what he thinks right?

    It's easily Google'able. He argued that preemption protects discharge.
    Curious as to why - the statute only mentions ownership, possession, transfer or transportation.

  2. #12
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
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    33
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by jthrelf View Post
    Curious as to why - the statute only mentions ownership, possession, transfer or transportation.
    Case law?
    Like "Dillon v City of Erie" or "FOAC v Lower Merion Township" maybe?

    ci_865495-1_page_1.jpg
    Si vis pacem, para bellum
    μολ ν λαβέ
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!

  3. #13
    Join Date
    Apr 2013
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    Glockin, Pennsylvania
    (Montgomery County)
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by Mr_Gixxer View Post
    Case law?
    Like "Dillon v City of Erie" or "FOAC v Lower Merion Township" maybe?

    ci_865495-1_page_1.jpg
    Good to know!

  4. #14
    Join Date
    Nov 2009
    Location
    Mill Hall, Pennsylvania
    (Clinton County)
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by jthrelf View Post
    Good to know!
    You're exactly right, it IS good to know. Most people don't and I always like to bring it up to help spread the word. Your accomplishments in getting the ordinance overturned are not being diminished at all and I think it's great that there are still people out there fighting this stuff on the ground level. We did a lot of this stuff years ago, it's not as common today to see these violations but they still happen.
    Si vis pacem, para bellum
    μολ ν λαβέ
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!

  5. #15
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    48
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by jthrelf View Post
    Small win, but a win nonetheless! Good for people who are less familiar with the law than members here or are new to carrying in Pennsylvania.
    So they covered the sign. Is there still an ordinance on the books that includes the illegal regulation? If so, it should be officially struck.

    "We won't enforce it" ain't good enough. The enactment was illegal. Formal removal is the legitimate and only "real" remedy.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  6. #16
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery County)
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by gnbrotz View Post
    So they covered the sign. Is there still an ordinance on the books that includes the illegal regulation? If so, it should be officially struck.

    "We won't enforce it" ain't good enough. The enactment was illegal. Formal removal is the legitimate and only "real" remedy.
    Not sure, the sign didn't quote an ordinance.

  7. #17
    Join Date
    Aug 2013
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    61
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    Default Re: Small Preemption Violation Win

    a win is a win big or small

  8. #18
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Small Preemption Violation Win

    Quote Originally Posted by jthrelf View Post
    Not sure, the sign didn't quote an ordinance.
    I'm not sure if it's up to date, but from what I'm seeing online (e-code site) Chapter 120 is what is applicable to 'Parks and Open Space', including 'General Park Rules and Regulations'. There is no mention whatsoever of firearms in the chapter, so even if they had the authority to regulate guns, then couldn't just add it on to the sign without officially passing it into law. Sounds like the whole guns thing may have been an afterthought.

    For example, they prohibit "washing" vehicles in the park. They have the authority to do that, *and* it's codified in law. They could NOT, however, just put up a sign that says "No washing cars" without the accompanying ordinance, passed in the normal process (advertising in the paper, holding official vote, etc.).

    You should be able to go look at the ordinances in person if you wish. Ask specifically about the ones connected to park rules if you decide to go.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  9. #19
    Join Date
    Aug 2011
    Location
    North West, Pennsylvania
    (Erie County)
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    Default Re: Small Preemption Violation Win

    Good job.

  10. #20
    Join Date
    Aug 2009
    Location
    bloomsburg, Pennsylvania
    (Columbia County)
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    Default Re: Small Preemption Violation Win

    Good work.

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